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Torts Keyed to Dobbs
District of Columbia v. Hampton
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
DHS removed two year-old Mykeeda Hampton from her mother’s care claiming her mother was not properly caring for the child. The child was then placed in a foster home. The foster mother, Geraldine Stevenson (Stevenson) left the child alone with her two sons, one of whom beat the child to death. Ms. Hampton, the child’s mother (Appellee), brought a survival action alleging (1) negligence on the part of DHS for selecting Stevenson for foster care; and (2) that since Stevenson was an agent for DHS, vicarious liability applied. The Superior Court of the District of Columbia denied Appellant’s Motion for Judgment Notwithstanding the Verdict in the negligence suit. The trial court entered judgment for Appellee. In its challenge, the District of Columbia (Appellant), alleged that it could not be held liable under a respondeat superior theory since Stevenson was an independent contractor.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.